Applicability, Suitability and Results Expectations
For the IVstartS Training Program
IVstartS, its parent organization, owners, trainers, affiliates, and subsidiaries (hereinafter referred to individually and collectively as “IVST,” “we,” ”our” and “us”), has created content that is displayed on and downloadable from the IVstartS.com and related websites (hereinafter individually and collectively referred to as the “Website”), emailed or physically or digitally delivered (hereinafter referred to as the “Content”) to healthcare professionals who want to become better at administrating intravenous apparatus to facilitate various forms of patient care. The Content is delivered via paid online and in-person workshops, and group and individual consultations, hereinafter referred to as the “Training Program.”
IVST has used its best efforts to compile the Training Program from sources believed to be reliable and great care was taken to provide accurate information. The Content is provided for educational purposes and may contain anecdotal, rather than third-party verified information. Some statistics cited are based on experiences of IVST, fellow healthcare practitioners, or accepted industry norms, and may not be supported by documented research. IVST makes no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the Content for any purpose.
Training Program participants (hereinafter “Participants and referred to as “you” and “your”) who apply ideas, tips or concepts contained in the Content explicitly agree to take full responsibility for their actions and explicitly agree to indemnify, defend, and hold harmless IVST from and against claims, damages, losses, and expenses, including but not limited to attorney’s fees, arising out of or resulting from the use or application of the Content.
The Content should not be considered as medical advice. Participants explicitly agree to consult with and follow guidelines, policies and directives as indicated by their employer and licensing boards. Questions, guidance, and interpretations regarding implementation of the Content or use on another person should be directed to the appropriate employer and licensing board.
Many factors will be important in determining your actual results and no guarantees are made or implied that you will achieve any positive results whatsoever from acting on any information contained in the Content.
IVST disclaims any warranties (express or implied), merchantability, or fitness for any particular purpose of any products sold or supplied in conjunction with the Training Program and content of material provided. Recipient agrees that IVST shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental, or other consequential damages arising directly or indirectly from any use of any products sold or supplied in conjunction with the Training Program.
All third-party links and references are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
The Training Program is copyrighted by IVST and no part, including but not limited to video material, audio material, text, images, graphics, and other content, may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Training Program without the express advance written permission of IVST. Participants may not retransmit, publish, distribute, display, or otherwise make available any part of the Training Program to others.
Participants might be able, from time to time, to engage in online discussion forums and to submit or post comments, profiles, and/or other content (collectively, “User Content”) on the Website. Participants will be solely responsible for any the Content posted or submitted, and for the consequences of posting or submitting it. By posting or submitting User Content to the Website, Participants grant IVST a nonexclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available User Content in connection with the Website and for our broader educational purposes, including without limitation for promoting or redistributing part or all of the Website (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing. By posting or submitting User Content to the Website, Participants represent and warrant that they have the right to grant IVST the foregoing rights, and that neither their User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone’s rights. Participants agree not to submit or post any content, or engage in any other activity in connection with the Website and Training Program, that:
- Infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity
- Violates any law or regulation
- Is intentionally false or misleading
- Defames, threatens, or harasses anyone
- Is harmful, dangerous, abusive, or offensive
- Is obscene or contains pornography
- Contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information
- Contains or consists of advertising or any form of commercial solicitation or activity
- Otherwise interferes with the functioning of the Website or other users’ use or enjoyment of the Website.
You also agree that you will not use the Website or Content to:
- upload, post, or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an IVST official, community leader, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted through the Website;
- upload, post, or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, or otherwise transmit any data or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in areas that are designated for such purpose;
- upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- “stalk” or otherwise harass another;
- collect or store personal data about other users;
- use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Website;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques. You will not interfere with the
activities of other users of the Website;
- use any robot, bot, spider, or other automatic or manual device or process to monitor or copy any pages, Content or other data on the Website;
- attempt to derive any source code from the Website or Content in any way;
- remove, deface, obscure or alter any copyright or mark or attribution notices used on or in connection with the Website or Content;
- modify, translate, or otherwise adapt or create any derivative works based on the Website, the Content or any part thereof;
- resell or otherwise commercially use the Website or Content, except as permitted by written agreement signed by IVST.
The list above of prohibited practices provides examples and is not complete or exclusive.
You make the following representations concerning your User Content:
- Your User Content does not infringe or otherwise violate any patents, copyrights, trademarks, trade secrets, or any other proprietary rights of IVST or any third party.
- Your User Content does not contain any virus, worm, Trojan horse or other routine intentionally designed to damage or allow unauthorized access to the Website or any content or content on the Website, or any other hardware, software or data.
- Your User Content does not include material that may be used in any attempt to circumvent the user authentication or security of any host, network, or account, including the documentation and tutorials on tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers, or network probing tools.
- Your User Content: (i) does not constitute or encourage a criminal or civil offense or unethical activity and do not otherwise give rise to liability; (ii) comply with all applicable laws, rules and regulations; (iii) does not contain any false, misleading, libelous or defamatory statements; (iv) does not constitute an invasion of the rights of privacy or publicity of any third party libelous (v) does not contain private information of a third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit cards, except with such third party’s prior written permission, a copy of which has been submitted to IVST; and (vi) is not obscene, pornographic, threatening, sexually or racially or ethnically discriminatory, or otherwise objectionable or harmful.
- You have not engaged and will not engage in any of the prohibited practices listed above or in similar practices in connection with the Website or its Content.
- IVST reserves the right to take any action with respect to information posted on the Website that IVST deems appropriate in our sole discretion, including but not limited to termination of your rights of use. However, we do not regularly monitor and cannot, nor do we try to, control the information provided by users that is made available through our Website. You acknowledge that information sent or posted on the Website by other people may be offensive, harmful, inaccurate, mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our Website.
- You understand that the technical processing and transmission of the Website, including your data, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Links on the Website to third-party websites or resources are provided solely as a convenience to you. We do not approve, endorse or control the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites, including any data, content, advertising, products or materials on or available from such sites. You agree that IVST is not responsible or liable for any data, content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IVST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such data, content, goods or services available on or through any such site or resource.
USE OF THE CONTENT AND TRAINING PROGRAM ARE INTENDED SOLELY FOR TRAINED, LICENSED AND BONA-FIDE HEALTHCARE PRACTITIONERS. USE BY ANYONE ELSE IS PROHIBITED.
If you believe that any material on the Website violates a copyright you own or control, you, acting as a “Complainant.” may send a notice of the claimed infringement to our Designated Agent as set forth below:
Kelly StClair, Founder, KSTC Ventures, LLC
519 I-30, Suite 708, Rockwall, Texas 75087
To be effective, your notice of claimed infringement to the Designated Agent must be in writing and must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the allegedly infringing material or alleged to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit our or our designee’s contact with the Complainant, such as a current, valid address, telephone number, and, if available, an email address at which the Complainant may be contacted.
- A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.>
- A statement that the information in the notice is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Upon receipt of such notification, IVST or the Designated Agent will remove or disable access to such material and give notice of a claim of copyright infringement to the user or subscriber who authored the claimed infringing content by one or more of the following methods at IVST’s sole option: a general notice on the Site, email to the content provider’s email address in our records, or by written communication sent by first-class mail to such user’s mailing address in our records.
A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide the Designated Agent a written communication containing the following:
- A physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the Complainant who submitted the infringement notification or his, her or its principal or agent.
Upon receipt of such counter notification, IVST will promptly provide the Complainant with a copy of the counter-notification, and inform the Complainant or entity that IVST will replace the removed material or cease disabling access to it in 10 business days. IVST will replace the removed material and cease disabling access to it between 10 and 14 business days following receipt of the counter-notice, unless our Designated Agent first receives notice from or on behalf of the copyright owner that such person or entity has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Site.